Courts - Virginia Brain injury from fireworks show results in $4.75M verdict Lawyer used more than 70 Freedom of Information Act requests in case

By Peter Vieth The Daily Record Newswire BOSTON, MA -- The explosion of a wayward fireworks rocket caused devastating injuries to a Virginia mother and led to a $4.75-million jury verdict against the fireworks company that staged the show. The verdict for Kathryn Hollis came after a four-week trial involving extensive use of video and PowerPoint presentations, according to Hollis' attorney, Scott A. Surovell of Fairfax, Va. He said he used 160 slides in his rebuttal closing argument. Surovell said there's another pending claim on behalf of Hollis' son, Max, now 7, who also suffered traumatic brain injury from the blast. The son's claim may target not just the fireworks company, Schaefer Pyrotechnics of Pennsylvania, but also the town of Vienna, Va. and Fairfax County, which were involved in presenting the annual fireworks display. Hollis, 39, was injured when a box of linked fireworks fell over, sending a mortar zooming into a crowd of people watching the 2007 Independence Day show. The rocket carried a powerful charge designed to make a loud boom as part of the grand finale. The rocket hit one man, knocking him over, and then exploded next to Hollis as she held 3-year-old Max on her lap. The blast broke Hollis' arm, sent shrapnel into her arm and shoulder, blew out her eardrums and left her with burns and brain damage. Surovell's case against Schaefer included allegations that the company failed to take heed of reports of similar problems with defective fireworks. The claim centered on the use of so-called "finale boxes," where up to 25 rockets are clustered in one container and wired together with timed fuses. Similar accidents involving the same type of fireworks box occurred at about 30 other Schaefer shows on the same night, four of them in Northern Virginia, Surovell said. The incident in Vienna was the only one to result in serious injury, according to news reports. Surovell said he sought data about previous accidents at Schaefer displays before filing suit. He used more than 70 Freedom of Information Act requests to document problems with fireworks and the way they were used by the company. "Our position was that [owner Kimmel Schaefer] knew these boxes blew up a lot, and, because he knew they blew up a lot, he should have taken additional measures to protect the crowd from them," Surovell said. Surovell said there had been earlier incidents and warnings that should have led the local governments to move the fireworks show to a safer location. He said flaming debris fell in the Vienna crowd in 2002 and firefighters urged leaders to move the crowd farther back in 2004, to no avail. "The documents we got from FOIA showed the fire department had been complaining for years about the safety of the site," he said. Surovell made extensive use of diffusion tensor imaging (DTI), a medical study that produces color images of the brain, to illustrate his client's injuries for the jury. He said the process showed areas of Hollis' brain where there was no longer any neural activity. A physician presented a 10-minute video "where he walked the jury through my client's brain. It was high-tech stuff, very persuasive," he said. Surovell said the verdict should send a warning to those who put on fireworks shows. "I think it says to the industry that their primary concern is safety, not maintaining local traditions," Surovell said. "No matter how a sponsor wants you to do a show, you still have to do it as safely as possible." Surovell said the jury's verdict was driven by the evidence of the injuries his client suffered. She has endured seven surgeries and her traumatic brain injury has left her unable to remember ordinary household procedures. "This is someone who used to be an event planner, who now can't make an appetizer without someone holding her hand every step of the way," Surovell said. Hollis' medical bills and lost earning capacity were estimated at $1.9 million. Surovell said he asked for $7 million. In addition to the $4.75-million verdict for Kathryn Hollis, jurors awarded $45,000 to her older son Alex, who was slightly injured in the blast. Surovell said he has not heard any mention of a possible appeal. A call seeking comment from Francis J. Prior Jr., counsel for Schaefer, was not returned as of press time. Surovell originally sued not just Schaefer, but also the Chinese manufacturer of the fireworks and the two localities involved in the display. He waived his right to a jury as to the claim against the manufacturer and voluntarily dismissed the claims against the localities, so the jury heard only the claims against Schaefer. The claim against the manufacturer was taken under advisement by Fairfax County Circuit Judge Bruce D. White. Surovell said he still is considering whether to refile claims against the town and county. Published: Fri, Nov 26, 2010